On Construction Of The System Of Bystander Liability Of Negligent Infliction Of Emotional Distress

With the development of the spiritual civilization construction in China,people's attention to spiritual interests has gradually increased.The recovery of bystanders' mental distress has gradually entered the public view.However,the provisions about mental distress suffered by a bystander in China' s laws are relatively simple.When courts handling with this kind of cases,their methods are not uniform.The theoretical study of the recovery of bystanders' mental distress is also not mature.The bystander's recovery for negligently inflicted mental distress in the American law sprouted at the beginning of the 20th century.Now the court has accumulated plenty of experience,and the recovery system to bystanders'mental distress tends to be perfect.This article takes the bystander's emotional distress liability as the research object,and adopts the comparative method of law.Here we have some suggestion for the construction of recovery system of bystanders' emotional distress liability.First of all,this article proposes that when allowing bystander' s right to claim for emotional distress,it should take into consideration the requirements of close family relationship between bystander and victim.Moreover,the court should also consider the emotional relationship between bystanders and the victim.Secondly,constructing the simultaneous knowledgeable element to limit the scope of recovery to bystander who suffered emotional distress.Besides,only the bystander who should suffered serious mental distress could get the recovery.Finally,victim should sustain death or serious injury.To do this we could protect the rights of the bystanders.